Attack from behind the pirate. Protection strategy against the new edition of anti-piracy law. How not to become a sliver in a cut down forest?

Amendments to the so-called "anti-piracy law," entered into force on May 1.



Site owners cannot live tomorrow like yesterday, but at least they should try to keep the risks as low as possible as far as possible. You can be infinitely far away from politics and even loyal to the regime, but it’s trite to get caught by competitors who use the absurdities of this law to break your business.



Than this law is terrible and how it is possible to try to reduce the arising risks using legal methods, let us analyze it under the cut.

Brilliant innovations.

The main innovation lies in the fact that now the site can be blocked for placing on it any objects of copyright, except for photographs (texts, drawings, notes, music, databases, maps, schemes, design, architectural projects, etc.) not just movies as before. The blocking is carried out by way of preliminary interim measures without a trial on the merits, in which one could present evidence in his defense.

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Moscow court - the pinnacle of justice. Antipiracy

The right holder, personally or electronically, submits an application to the Moscow City Court, which has exclusive jurisdiction for the consideration of such cases. The application is accompanied by documents confirming the rights of the applicant and the presence of controversial content on the defendant’s website. The application is considered without calling the parties. The definition of site blocking is sent to Roskomnadzor, which, according to the established procedure, blocks access to the site. The defendant has the opportunity to remove the disputed information on its own without blocking, but in practice it is far from always possible to implement it due to the nature of the procedure. The minimum blocking period is 15 days. If the right holder does not file a claim during this time, the blocking must be automatically canceled by the Moscow City Court.

To cancel the definition of preliminary interim measures is procedurally impossible. It turns out that sites that even remove controversial information will be out of reach for some time, which opens up opportunities for abuse of the law.

Life in the binary system of calculation.

The second innovation is the possibility of permanently blocking a site for repeated, repeated naturally means two-fold copyright infringement. There are fears that respectable resources may be the victims of this rule, due to negligence or due to large amounts of data. Eternal blocking is primarily a danger to sites that use user-generated content: forums, social networks, online stores with the ability to leave reviews. It turns out that users comment, and the owner of the site is responsible.

How it works?

If a message with a “pirated” picture or a link to it was posted by a simple user and deleted at the first request of the copyright holder, then the site is not responsible. If the message was posted on behalf of the site administration or moderator, then the fact of violation is also from the site owner (as a rule, the administrator of the domain name is considered to be such) compensation may be charged. As a rule, its size is 10,000 rubles, although the statutory ceiling is 5 million. After the second recorded violation, the site can be blocked forever.

Trolls are now on horseback!

It also introduces the responsibility of the site owner to specify identifying information about themselves. The wording of the law is ambiguous: you need to specify "name", while the name is only for legal entities, and citizens have the name and place of residence. And since the law does not require the indication of the name and place of residence, they may not be indicated to the citizens. It is difficult to say how this conflict will be interpreted by the courts. Responsibility for not specifying today is not established.

In case of blocking access to the site by Roskomnadzor, in accordance with the current regulations, communication with the site owner is carried out not at the address indicated on the site, but at the address that the hosting provider has.

We reduce the risks.

It is advisable to issue the domain name to the organization, and not to the owner of the business or any other citizen - otherwise this individual will have to bear the responsibility. Registration of a domain name to a fictional or false name may significantly complicate the situation in the event of a legal dispute. For example, a court may consider such actions clearly unfair and seek compensation for violation of rights not in a minimum, but in a larger amount.



You should make sure that you have properly registered the rights to the site itself, permanent and updated content. Check whether there are agreements with the web studio, designers and copywriters, if these agreements provide for the alienation of rights. If the site is occupied by staff members, is the service works mode implemented? Otherwise, a nuisance can happen and your site will be blocked according to the complaint of a dismissed employee who wrote one small note two years ago.



The hosting provider must have a working and daily verifiable email address. Otherwise, you risk finding out about blocking your site after the fact. On the site itself should indicate the current contact details, even if the owner of the site is an individual.



It is useful to place a feedback form for rightsholder complaints and process them in real time. Also should be developed and placed on the pages of the site rules of response to complaints of rights holders with specific response time.

On the Internet resources with user content, you must publish the rules for using the site, obliging users to respect the copyright and related rights with which the user will be obliged to read and agree in the registration process on the site.